Chapter 02 Licensing of Drivers of Motor Vehicles
Section 19: Power of licensing authority to disqualify from holding a driving license or revoke such license
a. If a licensing authority
is satisfied, after giving the holder of a driving license an opportunity of
being heard, that he—
- is a habitual criminal or habitual drunkard; or
- is a habitual addict to any narcotic drug or
psychotropic substance within the meaning of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (61 of 1985); or
- is using or has used a motor vehicle in the commission
of a cognizable offence; or
- has by his previous conduct as driver of a motor
vehicle shown that his driving is likely to be attended with danger to the
public; or
- has obtained any driving license or a license to drive
a particular class or description of motor vehicle by fraud or
misrepresentation; or
- has committed any such act which is likely to cause
nuisance or danger to the public, as may be prescribed by the Central
Government, having regard to the objects of this Act; or
- has failed to submit to, or has not passed, the tests
referred to in the proviso to sub-section (3) of section 22; or
- being a person under the age of eighteen years who has
been granted a learner’s license or a driving license with the consent in
writing of the person having the care of the holder of the license and has
ceased to be in such care, it may, for reasons to be recorded in writing,
make an order—
- disqualifying that person for a specified period for
holding or obtaining any driving license to drive all or any classes or
descriptions of vehicles specified in the license; or
- revoke any such license.
b. Where an order under
sub-section (1) is made, the holder of a driving license shall forthwith
surrender his driving license to the licensing authority making the order, if
the driving license has not already been surrendered, and the licensing
authority shall—
- if the driving license is a driving license issued
under this Act, keep it until the disqualification has expired or has been
removed; or
- if it is not a driving license issued under this Act,
endorse the disqualification upon it and send it to the licensing
authority by which it was issued; or
- in the case of revocation of any license, endorse the
revocation upon it and if it is not the authority which issued the same,
intimate the fact of revocation to the authority which issued that
license:
Provided that where the driving license of a person authorises him to drive more than one class or description of motor vehicles and the order, made under sub-section (1), disqualifies him from driving any specified class or description of motor vehicles, the licensing authority shall endorse the disqualification upon the driving license and return the same to the holder.
c. Any person aggrieved
by an order made by a licensing authority under sub-section (1) may, within
thirty days of the receipt of the order, appeal to the prescribed authority,
and such appellate authority shall give notice to the licensing authority and
hear either party if so required by that party and may pass such order as it
thinks fit and an order passed by any such appellate authority shall be final.